Supervisors at all levels are expected to assume responsibility for reporting and initiating proper action regarding employee misconduct, unsatisfactory work performance, or violation of personnel policies or regulations.

Employees, including supervisors, whose job performance or conduct is unsatisfactory, or who violate the law, Nation policies, practices, rules, or regulations are subject to disciplinary action consistent with the Table of Penalties.

Supervisors should  refer to the Table of Penalties or the Department of Personnel Management for assistance in initiating disciplinary action.

Program Managers (see definition section) shall have the authority and responsibility to administer appropriate disciplinary action for violations of law, Nation policies, practices, rules, and regulations.

When supervisors fail to administer personnel policies or initiate disciplinary action, the Human Resources Director shall notify the supervisor's superior.  The Human Resources Director may also initiate appropriate disciplinary action against the supervisor and/or his/her superior.

Documentation of disciplinary actions will become part of the employee's personnel records subject to Section G.2 below.  Supervisor's administering disciplinary action shall provide copies of such actions to the Department of Personnel Management.

Notice of disciplinary actions should be hand delivered whenever practicable or sent by certified mail.  Notice by certified mail shall be effective upon delivery by the U.S. Postal Service.

an appropriate identification of the party, including position title and department; and

the date(s) on which the violation(s) occurred, or where such acts are of a continuing nature and are the basis for the disciplinary action, the period of time when the acts occurred; and

a reference to the Table of Penalties regarding the offense(s) committed and the penalty imposed; and

a clear and concise statement of the facts constituting the alleged violations(s); and

an explanation of the employee's right to appeal the disciplinary action pursuant to Section XIV Employee Grievance; and

if hand delivered, the employee's acknowledgment of receipt of the notice, or if employee refuses to acknowledge, the notation that employee refused to sign and the date.

Those responsible for the administration of discipline must be firm, impersonal, and free from prejudice.  In the interest of administering justice as uniformly as possible in accordance with the policies stated, a Table of Penalties is incorporated herein.

In cases of less serious performance and/or conduct issues, supervisors are encouraged to discuss such deficiencies with their employees before initiating any formal disciplinary action under the Table of Penalties.

Supervisors shall be specific in describing the time period constituting an employee's suspension, and shall include both the dates and hours when the suspension begins and ends.  Holidays shall be counted in computing the suspension period.

Suspensions imposed under the Table of Penalties are generally without pay, and require the employee to remain away from the workplace during the period of suspension.  At the discretion of the supervisor, an employee may be placed on a working paid suspension.  During the period of suspension, the employee shall continue to carry out his/her regular duties at the workplace.  A paid suspension is grievable.

In addition to the penalties listed, employees are reminded that depending upon the offense(s) committed, they may be subject to prosecution under Navajo Nation or other applicable laws and/or be deemed ineligible for future employment with the Navajo Nation.

Employees who violate Navajo Nation or other applicable laws may also be subject to penalties provided for in those laws.  Such violations may or may not lead to disciplinary action by the supervisor.

For those employees paid by a contract or grant, where the funding source requires greater disciplinary measures than those outlined in the Table of Penalties, or penalties other than those listed, such disciplinary action may be imposed consistent with the funding source requirement.

Where one set of circumstances warranting disciplinary action violates more than one offense listed in the Table of Penalties, supervisors must allocate the total penalty among each separate offense charged.

For example, if an employee is charged with three separate offenses, and the penalty for all three offenses totals ten working days suspension, the supervisor must allocate the ten days among all three offenses.